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200214389 <br />(b) Assignee hereby indemnifies Assignor, and agrees to defend and hold Assignor <br />harmless from and against any and all liability, loss, cost, damage and/or expense, including <br />without limitation reasonable attorneys' fees, which Assignor may or shall incur under or with <br />respect to any of the Leases by reason of any failure or alleged failure of Assignee to comply <br />with or to perform, on or after the Effective Date, all the obligations of the landlord thereunder <br />which are to be performed on and after the Effective Date. <br />4. Effective Date. The "Effective Date ", as used herein, shall mean the date upon which <br />the deed conveying the Land from Assignor to Assignee is filed for record with the Recorder of <br />Hall County, Nebraska. <br />5. Successors and Assigns. The terms and conditions of this agreement shall be binding <br />upon and shall inure to the benefit of the parties hereto and their respective successors and <br />assigns. <br />6. Counterparts. This Agreement may be executed in any one or more counterparts, <br />each of which, when so executed, will be deemed an original document, and all such <br />counterparts together shall constitute the same instrument. <br />IN WITNESS WHEREOF, the parties hereto have executed this instrument, and have <br />caused this instrument to be delivered so as to take effect on the day and year first above written. <br />ASSIGNOR: <br />JG CONESTOGA L.L.C., <br />'o limited liability c mpan} <br />ame: Sq ()CC +) <br />Title: ex-O -T, Vje- �2ESi0 zuf <br />ASSIGNEE: <br />Conestoga Mall 2002, LLC <br />a Colorado limited liability company <br />By: Hibiscus 2002, LLC, <br />a Colorado limited liability company, <br />its Manager <br />By: <br />H. Herzog, Manager <br />'.:ODMATCDOCSACLEVELANDAI 0950333n <br />